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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554

In the Matter of                )
                                )
Oregon Cable Group LLC d/b/a   )     File No. EB-02-TS-318
Northwest Cablevision for       )
Cascade Cable TV Inc., Colton Cable TV, and  )
Monitor Telecommunication Systems    )
                                )    
Operator of Cable System in:    )
                                )    
Molalla, Oregon                 )
                                )
Request for Waiver of Section 11.11(a) of the     )    
Commission's Rules              )    
                                        
                              ORDER 

Adopted:  July 15, 2003                 Released:  July 17, 2003

By the Chief, Technical  and Public Safety Division,  Enforcement 
Bureau:

1.        In this Order,  we grant Oregon  Cable Group LLC  d/b/a 
  Northwest Cablevision for  Cascade Cable TV Inc., Colton  Cable 
  TV and Monitor Telecommunication Systems (``the Companies'')  a 
  temporary,  36-month   waiver  of  Section   11.11(a)  of   the 
  Commission's Rules  (``Rules'') for  the above-captioned  cable 
  television  system.  Section  11.11(a) requires  cable  systems 
  serving fewer than  5,000 subscribers from a headend to  either 
  provide  national   level  Emergency  Alert  System   (``EAS'') 
  messages on  all programmed channels  or install EAS  equipment 
  and  provide  a   video  interrupt  and  audio  alert  on   all 
  programmed  channels and  EAS audio  and video  messages on  at 
  least one programmed channel by October 1, 2002.1

2.        The Cable Act of 1992  added new Section 624(g) to  the 
  Communications  Act  of 1934  (``Act''),  which  requires  that 
  cable  systems be  capable of  providing  EAS alerts  to  their 
  subscribers.2  In 1994, the Commission adopted rules  requiring 
  cable systems to participate in EAS.3  In 1997, the  Commission 
  amended the  EAS rules  to provide financial  relief for  small 
  cable systems.4  The Commission declined to exempt small  cable 
  systems  from the  EAS requirements,  concluding that  such  an 
  exemption would be  inconsistent with the statutory mandate  of 
  Section  624(g).5    However,  the   Commission  extended   the 
  deadline   for  cable   systems  serving   fewer  than   10,000 
  subscribers to  begin complying with the  EAS rules to  October 
  1, 2002,  and provided cable systems  serving fewer than  5,000 
  subscribers the option  of either providing national level  EAS 
  messages  on   all  programmed  channels   or  installing   EAS 
  equipment and  providing a video interrupt  and audio alert  on 
  all programmed channels and EAS audio and video messages on  at 
  least  one programmed  channel.6  In  addition, the  Commission 
  stated that  it would grant waivers of  the EAS rules to  small 
  cable  systems  on  a case-by-case  basis  upon  a  showing  of 
  financial  hardship.7   The Commission  indicated  that  waiver 
  requests must contain at least the following information:   (1) 
  justification for the waiver, with reference to the  particular 
  rule sections  for which  a waiver is  sought; (2)  information 
  about the financial status of the requesting entity, such as  a 
  balance sheet and  income statement for the two previous  years 
  (audited, if possible);  (3) the number of other entities  that 
  serve the  requesting entity's coverage area  and that have  or 
  are expected to  install EAS equipment; and (4) the  likelihood 
  (such  as proximity  or frequency)  of hazardous  risks to  the 
  requesting entity's audience.8

3.        The Companies filed a request for a temporary, 36 month 
  waiver  of Section  11.11(a)  for the  shared  captioned  cable 
  system on  July 18, 2002.   In support of  its waiver  request, 
  the  Companies  state  that  the  three  member  cable   system 
  operators  serve between  113  and 934  subscribers  in  small, 
  rural  communities.  Based on  price  quotes  provided  by  EAS 
  equipment manufacturers, the  Companies estimate that it  would 
  cost  approximately $30,000  to install  EAS equipment  at  the 
  shared cable system.  The Companies assert that this cost  will 
  impose a substantial  financial hardship and provide  financial 
  data  for 2000  and  2001 in  support  of this  assertion.   In 
  addition,  the Companies  submit  that their  subscribers  will 
  continue to have ready access to national EAS information  from 
  other sources, including  the captioned cable system.  In  this 
  regard,  the Companies  note  that subscribers  currently  have 
  access  to national  EAS messages  on 18  programmed  channels.  
  The Companies further submit that subscribers will have  access 
  to EAS information through over-the-air reception of  broadcast 
  television and radio stations.  

4.        Based upon our review of  the financial data and  other 
  information  submitted by  the Companies,  we conclude  that  a 
  temporary,  36-month  waiver   of  Section  11.11(a)  for   the 
  captioned cable system  is warranted.9  In particular, we  find 
  that  the estimated  $30,000 cost  of  EAS equipment  for  this 
  small cable  system could  impose a financial  hardship on  the 
  Companies.  

5.        We note that  the Commission recently  amended the  EAS 
  rules  to  permit  cable  systems  serving  fewer  than   5,000 
  subscribers  to   install  FCC-certified  decoder-only   units, 
  rather  than both  encoders  and  decoders, if  such  a  device 
  becomes  available.10    Based  on   comments  from   equipment 
  manufacturers, we  anticipate that such  a decoder-only  system 
  could  result  in  significant  cost  savings  to  small  cable 
  systems.11  

6.        Accordingly, IT IS ORDERED  that, pursuant to  Sections 
  0.111, 0.204(b)  and 0.311 of the  Rules,12 Oregon Cable  Group 
  LLC  d/b/a Northwest  Cablevision for  Cascade Cable  TV  Inc., 
  Colton Cable  TV and  Monitor Telecommunication  ARE GRANTED  a 
  waiver of Section 11.11(a)  of the Rules until October 1,  2005 
  for the captioned cable system.

7.        IT IS FURTHER ORDERED that Oregon Cable Group LLC d/b/a 
  Northwest Cablevision for  Cascade Cable TV Inc., Colton  Cable 
  TV and Monitor  Telecommunication Systems place a copy of  this 
  waiver in their system files.

8.        IT IS FURTHER ORDERED that  a copy of this Order  shall 
  be sent by Certified Mail Return Receipt Requested to Peggy  S. 
  Turner,  Chairman,  Oregon  Cable  Group  LLC  d/b/a  Northwest 
  Cablevision, 15265  Woodburn-Monitor Road NE, Woodburn,  Oregon 
  97071.

                         FEDERAL COMMUNICATIONS COMMISSION

                         


                         Joseph P. Casey
                         Chief, Technical and Public Safety 
Division
                         Enforcement Bureau
_________________________

  1 47 C.F.R. § 11.11(a).

  2 Cable Television  Consumer Protection and Competition Act  of 
1992, Pub. L. No. 102-385, § 16(b), 106 Stat. 1460, 1490  (1992).  
Section 624(g) provides that  ``each cable operator shall  comply 
with such standards as the  Commission shall prescribe to  ensure 
that viewers of video programming  on cable systems are  afforded 
the same emergency  information as is  afforded by the  emergency 
broadcasting system pursuant to Commission regulations ....''  47 
U.S.C. § 544(g).  

  3 Amendment  of Part 73, Subpart  G, of the Commission's  Rules 
Regarding the Emergency  Broadcast System, Report  and Order  and 
Further Notice of Proposed Rule Making, FO Docket Nos. 91-171/91-
301, 10  FCC  Rcd  1786  (1994)  (``First  Report  and  Order''), 
reconsideration granted in part, denied in part, 10 FCC Rcd 11494 
(1995).

  4 Amendment  of Part 73, Subpart  G, of the Commission's  Rules 
Regarding the  Emergency  Broadcast  System,  Second  Report  and 
Order, FO  Docket Nos.  91-171/91-301, 12  FCC Rcd  15503  (1997) 
(``Second Report and Order'').

  5 Id. at 15512-13.

  6 Id. at 15516-15518.

  7 Id. at 15513.

  8 Id. at 15513, n. 59.

  9 The  waiver will extend from  October 1, 2002, until  October 
1, 2005.   We  clarify  that  the waiver  we  are  granting  also 
encompasses the EAS testing and monitoring requirements.  

  10 Amendment  of Part  11 of the  Commission's Rules  Regarding 
the Emergency Alert System,  EB Docket 01-66, FCC  02-64 at ¶  71 
(released February 26, 2002).

  11 One manufacturer  estimated that an EAS decoder-only  system 
can reduce the cost by 64% over what a cable operator would spend 
for an encoder/decoder unit.  Id. at ¶ 70.

  12 47 C.F.R. §§ 0.111, 0.204(b) and 0.311.